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Broken Arm

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singlemom47

Junior Member
What is the name of your state (only U.S. law)? pa i took my son to a hospital nearby with an arm injury. he was examined by an intern. the doctor the intern was practicing under never came in to examine my son. the intern just went out to talk to the doctor came back in and sent my son home with a prescription for pain killers. they did not x-ray the arm. my son was in extreme pain regardless of the pain killers all night so i took him to a specialist the next day. they did an w-ray right away and his arm was broken. my question is isn't the doctor required to examine the patient when a practicing intern examines them. would they be required to refund my money for the visit for not picking up on the break?
 


xylene

Senior Member
What is the name of your state (only U.S. law)? pa i took my son to a hospital nearby with an arm injury. he was examined by an intern. the doctor the intern was practicing under never came in to examine my son. the intern just went out to talk to the doctor came back in and sent my son home with a prescription for pain killers. they did not x-ray the arm. my son was in extreme pain regardless of the pain killers all night so i took him to a specialist the next day. they did an w-ray right away and his arm was broken. my question is isn't the doctor required to examine the patient when a practicing intern examines them. would they be required to refund my money for the visit for not picking up on the break?
You went to an emergency room, and a serious injury was missed.

You need a consultation with a medical malpractice attorney.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? pa i took my son to a hospital nearby with an arm injury. he was examined by an intern. the doctor the intern was practicing under never came in to examine my son. the intern just went out to talk to the doctor came back in and sent my son home with a prescription for pain killers. they did not x-ray the arm. my son was in extreme pain regardless of the pain killers all night so i took him to a specialist the next day. they did an w-ray right away and his arm was broken. my question is isn't the doctor required to examine the patient when a practicing intern examines them. would they be required to refund my money for the visit for not picking up on the break?
I would certainly make that argument to the hospital. They failed to properly diagnose a break, or to even do a x-ray which is standard procedure with limb injuries. You may not get anywhere with it, but I would certainly try.
 

OHRoadwarrior

Senior Member
YMMV. Some breaks are easily visible on xray, some are not. You need to consult an attorney if you hope for anything. Unless the arm is in some way damaged greater, due to lack of treatment, you might not get far.
 

tranquility

Senior Member
The problem here seems not so much the facts regarding malpractice, but the damages. Certainly, the person was hurt the amount paid for the examination. He also has some pain and suffering, but only a very minor amount as things have not changed that much of a cast and 24 hours. I don't think an attorney is going to be a successful course as there is not (absent greater damage to the arm because of the delay in treatment) enough damages to hire an expert, let alone put a whole case together. (Maybe a lawyer letter will free some cash though.) I think talking with the hospital is a better first step. See what they say.
 

LdiJ

Senior Member
The problem here seems not so much the facts regarding malpractice, but the damages. Certainly, the person was hurt the amount paid for the examination. He also has some pain and suffering, but only a very minor amount as things have not changed that much of a cast and 24 hours. I don't think an attorney is going to be a successful course as there is not (absent greater damage to the arm because of the delay in treatment) enough damages to hire an expert, let alone put a whole case together. (Maybe a lawyer letter will free some cash though.) I think talking with the hospital is a better first step. See what they say.
I made a complaint to a hospital when my daughter was pregnant with my granddaughter. She was having some strange pains and we went to the hospital. They sent us in a room and told us it might take a while as many of their doctors were on a retreat that weekend. We waited 4 hours, with no one even speaking to us for that entire time. We got up and left and went elsewhere. The hospital tried to bill for that, and when I wrote a letter of protest to the hospital administration, they apologized and cancelled the bill.
 

Ohiogal

Queen Bee
I made a complaint to a hospital when my daughter was pregnant with my granddaughter. She was having some strange pains and we went to the hospital. They sent us in a room and told us it might take a while as many of their doctors were on a retreat that weekend. We waited 4 hours, with no one even speaking to us for that entire time. We got up and left and went elsewhere. The hospital tried to bill for that, and when I wrote a letter of protest to the hospital administration, they apologized and cancelled the bill.
YOu had no standing to complain for your daughter's hospital bill unless she was a minor so apparently you got lucky.

As for this OP, check posting history. She has three threads goign about how to get money from different people or get something for nothing.
 

LdiJ

Senior Member
YOu had no standing to complain for your daughter's hospital bill unless she was a minor so apparently you got lucky.

As for this OP, check posting history. She has three threads goign about how to get money from different people or get something for nothing.
My daughter was one week away from her 18th birthday when that happened.
 

lealea1005

Senior Member
What is the name of your state (only U.S. law)? pa my question is isn't the doctor required to examine the patient when a practicing intern examines them. would they be required to refund my money for the visit for not picking up on the break?
The intern graduated from medical school and IS a Doctor. S/he will review their examination findings/treatment with their senior resident or attending.

Sometimes fractures are difficult to diagnose in young children. Depending upon the location, and the swelling present an x-ray may not have been useful in diagnosing a fracture, especially in a young child.

X-ray is not always a "standard procedure".
 
What is the name of your state (only U.S. law)? pa i took my son to a hospital nearby with an arm injury. he was examined by an intern. the doctor the intern was practicing under never came in to examine my son. the intern just went out to talk to the doctor came back in and sent my son home with a prescription for pain killers. they did not x-ray the arm. my son was in extreme pain regardless of the pain killers all night so i took him to a specialist the next day. they did an w-ray right away and his arm was broken. my question is isn't the doctor required to examine the patient when a practicing intern examines them. would they be required to refund my money for the visit for not picking up on the break?
An intern is a real doctor. He/she will always discuss a case with a senior physician. They together decided not to X-ray the arm. Would the treatment be significantly different if the Xray was taken in the ER? For example, what did the specialist do?

Financially? Yes, the hospital will likely give you a huge break if you talk to them calmly and just present the facts.
 

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